Clear and Present Danger Test

Definition

The Clear and Present Danger Test is a doctrine adopted by the Supreme Court to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press or assembly.

Related terms

Schenck v. United States (1919): A landmark Supreme Court case where Justice Holmes first used 'clear and present danger' test in context with free speech limitations.

First Amendment Rights: Fundamental rights protected by the First Amendment including freedom of speech, religion, press, assembly and petition.

Prior Restraint Doctrine: Legal principle regarding censorship before an expression takes place.